Coronavirus: impact on the social elections

Author: Catherine Mairy (Legal Expert)

On 24 March 2020, the National Labour Council issued an opinion on the impact that the health situation linked to the coronavirus has on the social elections. These elections were scheduled for the period of 11 May to 24 May 2020.

In this opinion, the National Labour Council asks among others:

  • the temporary suspension of the procedure for the 2020 social elections from day X + 36 with, as a result, a postponement of the date of the social elections;
  • the application of this suspension not only to those companies that apply day X + 35 (between 17 March and 30 March) correctly and on time, but also to those companies that started their election procedure too late or in which the election procedure was delayed (because of appeals before the labour courts);
  • the setting of a date for the next elections between 16 November and 29 November 2020 (subject to the evolution of the health situation linked to the coronavirus).

The Federal Public Service Employment, Labour and Social Dialogue explains on its website:

  • that the current election procedure must be continued up to day X + 35;
  • that the mandatory first posting of the candidate lists to be carried out by the employer on day X + 40 is postponed;
  • that the legislation will be adapted as soon as possible; many technical and/or legal issues remain to be settled (protection against dismissal, functioning of existing consultative bodies, etc.)

To be continued…

Sources: opinion no. 2,160 of 24 March 2020 of the National Labour Council; website of the FPS Employment, Labour and Social Dialogue.